USA v. Jason Watkin
UNPUBLISHED OPINION FILED. [10-10710 Dismissed as frivolous ] Judge: EHJ , Judge: CES , Judge: LHS Mandate pull date is 07/12/2011 for Appellant Jason Andrew Watkins; granting motion to withdraw as counsel filed by Mr. Kevin Joel Page [6673729-2] [10-10710]
Date Filed: 06/21/2011
IN THE UNITED STATES COURT OF APPEALS
United States Court of Appeals
FOR THE FIFTH CIRCUIT
June 21, 2011
Lyle W. Cayce
UNITED STATES OF AMERICA,
JASON ANDREW WATKINS,
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:10-CR-46-1
Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.
The Federal Public Defender appointed to represent Jason Andrew
Watkins has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632
F.3d 229 (5th Cir. 2011).
Watkins has filed a response.
The record is
insufficiently developed to allow consideration at this time of Watkins’s claim of
ineffective assistance of appellate counsel; such a claim generally “cannot be
resolved on direct appeal when the claim has not been raised before the district
Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
Date Filed: 06/21/2011
court since no opportunity existed to develop the record on the merits of the
allegations.” United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006)
(internal quotation marks and citation omitted). We have reviewed counsel’s
brief and the relevant portions of the record reflected therein, as well as
We concur with counsel’s assessment that the appeal
presents no nonfrivolous issue for appellate review. Accordingly, the motion for
leave to withdraw is GRANTED, counsel is excused from further responsibilities
herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.
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